Date: 2012-09-12 C.J. Campbell J. | Link

The problem requiring a proportionate solution is briefly stated in para 86 "(p)art of the opposition by Black and others to the elimination of the Settling Defendants from the action is the prospect that Affidavits of Documents would not have to be produced.  That is why the Non-Settling Defendants urge that even if the settlements are approved that at least Torys & KPMG be required to produce an Affidavit of Documents as if they remained as defendants." KPMG and Torys proposed protocols that the Court included in its order as Appendix A following para 116.